Montejo
(PC) Barth v. Montejo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN DAMON BARTH, No. 2:19-cv-1874 DB P Plaintiff, EUSEBIO MONTEJO, et al.. ORDER Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Before the court is plaintiff’s first amended complaint for screening. For the reasons set forth below, this court finds plaintiff has failed to state any claims cognizable under § 1983. Plaintiff will be given another opportunity to amend his complaint. BACKGROUND Plaintiff filed his original complaint on September 18, 2019. On screening, this court found plaintiff failed to state any cognizable claims for relief. (Sept. 27, 2019 Order (ECF No. 5).) Plaintiff was provided instructions for amending his complaint. On December 23, plaintiff filed a first amended complaint (“FAC”). (ECF No. 13.) SCREENING As described in this court’s prior screening order, the court is required to screen…